Samtycke eller frivillighet? En undersökning om rättsmedvetande
(2020) RÄSK02 20201Department of Sociology of Law
- Abstract
- This essay seeks to examine how people with what Marc Hertogh defines as an external legal consciousness perceive the concept of consent as it applies to sexual relations. Furthermore, the essay also seeks to examine how the concept of voluntariness is perceived by people with what Hertogh defines as an internal legal consciousness as it applies to sexual relations. The essay employs a combination of methods in order to capture perceptions of sexual relations through these two concepts and forms of legal consciousnesses. A quantitative survey is used to examine how people with an external legal consciousness perceive the concept of consent as it pertains to sexual relations and a qualitative study of a set of legal cases is used to examine... (More)
- This essay seeks to examine how people with what Marc Hertogh defines as an external legal consciousness perceive the concept of consent as it applies to sexual relations. Furthermore, the essay also seeks to examine how the concept of voluntariness is perceived by people with what Hertogh defines as an internal legal consciousness as it applies to sexual relations. The essay employs a combination of methods in order to capture perceptions of sexual relations through these two concepts and forms of legal consciousnesses. A quantitative survey is used to examine how people with an external legal consciousness perceive the concept of consent as it pertains to sexual relations and a qualitative study of a set of legal cases is used to examine how people with internal legal consciousness perceive the concept of voluntariness as it pertains to sexual relations. The study found that people with an external legal consciousness perceive the concept consent as something that is primarily conveyed through words, actions and a certain mood. It is something both parties are responsible for showing and insuring. With regard to how people with an internal legal consciousness perceive the concept voluntariness a general conclusion is difficult to present, however the essay shows that if voluntariness is expressed by both parties irrespective of whether involuntary is also expressed, voluntariness in terms of its definition in the legal system, still applies. The study subsequently seeks to highlight the discrepancy between the different perceptions of the concepts with Hertoghs theory about legal alienation. (Less)
Please use this url to cite or link to this publication:
http://lup.lub.lu.se/student-papers/record/9019623
- author
- Loft, Gustav LU and Van Der Tang Eliasson, Jip LU
- supervisor
- organization
- course
- RÄSK02 20201
- year
- 2020
- type
- M2 - Bachelor Degree
- subject
- keywords
- Voluntariness, legal alienation, legal consciousness, consent, consent act
- language
- Swedish
- id
- 9019623
- date added to LUP
- 2020-06-25 12:18:25
- date last changed
- 2020-06-25 12:18:25
@misc{9019623,
abstract = {{This essay seeks to examine how people with what Marc Hertogh defines as an external legal consciousness perceive the concept of consent as it applies to sexual relations. Furthermore, the essay also seeks to examine how the concept of voluntariness is perceived by people with what Hertogh defines as an internal legal consciousness as it applies to sexual relations. The essay employs a combination of methods in order to capture perceptions of sexual relations through these two concepts and forms of legal consciousnesses. A quantitative survey is used to examine how people with an external legal consciousness perceive the concept of consent as it pertains to sexual relations and a qualitative study of a set of legal cases is used to examine how people with internal legal consciousness perceive the concept of voluntariness as it pertains to sexual relations. The study found that people with an external legal consciousness perceive the concept consent as something that is primarily conveyed through words, actions and a certain mood. It is something both parties are responsible for showing and insuring. With regard to how people with an internal legal consciousness perceive the concept voluntariness a general conclusion is difficult to present, however the essay shows that if voluntariness is expressed by both parties irrespective of whether involuntary is also expressed, voluntariness in terms of its definition in the legal system, still applies. The study subsequently seeks to highlight the discrepancy between the different perceptions of the concepts with Hertoghs theory about legal alienation.}},
author = {{Loft, Gustav and Van Der Tang Eliasson, Jip}},
language = {{swe}},
note = {{Student Paper}},
title = {{Samtycke eller frivillighet? En undersökning om rättsmedvetande}},
year = {{2020}},
}